Sri M S Ragavendra vs Sri Srinivas
2022 Latest Caselaw 4554 Kant

                                1




 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU

             BEFORE THE MEGA LOK ADALAT

   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 12TH DAY OF MARCH, 2022

                 CONCILIATORS PRESENT

         THE HON'BLE MR.JUSTICE B. VEERAPPA

                               AND

             SRI M.N. UMASHANKAR, MEMBER

                   CRL.RP No.163/2022

               LOK ADALAT No.1020/2022

BETWEEN:

SRI M S RAGAVENDRA
S/O LATE SEETHARAMAPPA
AGED ABOUT 43 YEARS,
WATER SUPPLIER,
RESIDING AT CHANNAKESHAVA NAGAR
SHIKARIPURA TOWN-577 427.
                                        ...PETITIONER

(BY SRI. KARTHIK B.Y., ADV.)


AND:


SRI SRINIVAS
S/O SHEKARN
AGED ABOUT 34 YEARS
                                   2




RESIDING AT CHANNAKESHAVA NAGAR
SHIKARIPURA TOWN-577 427.
                                                     ...RESPONDENT

(BY SMT.CHITRALEKHA H.R., ADV.)

THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C BY THE PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT OF CONVICTION AND SENTENCE PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND J.M.F.C AT SHIKARIPURA IN C.C.NO.164/2017 DATED 24.10.2019, WHEREIN THE TRIAL COURT HAS CONVICTED THE PETITIONER HEREIN FOR THE OFFENCE P/U/S 138 OF THE N.I ACT, SENTENCING HIM TO PAY A FINE OF SUM OF RS.4,00,000/- AND IN DEFAULT TO UNDERGO S.I FOR THREE MONTHS AND ORDER PASSED BY THE II ADDL.DISTRICT AND SESSIONS JUDGE AT SHIVAMOGGA IN CRL.A.NO.31/2020 DATED 25.11.2021, WHEREIN APPELLATE COURT HAS CONFIRMED THE ORDER OF THE TRIAL COURT.

THIS CRL.RP COMING ON FOR CONCILIATION BEFORE THE MEGA LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED :

CONCILIATION ORDER

Both the revision petitioner - accused and the respondent

- complainant along with their respective learned advocates are

present.

2. After prolonged negotiations, the matter is settled.

Both the parties after conciliation agreed for total amount of

Rs.2,75,000/- out of which Rs.1,30,000/- is now paid by way of

cash and the same is acknowledged by the respondent in the

presence of his learned counsel Smt. Chitralekha H.R. The

amount of Rs.84,000/- has already been deposited by the

petitioner before the learned Senior Civil Judge and JMFC at

Shikaripura in C.C. No.164/2017. The revision petitioner submits

his no objection for release of the deposited amount and

accordingly, the respondent is permitted to withdraw the said

amount. Further, the revision petitioner has agreed to pay the

remaining Rs.61,000/- within a period of one month. To this

effect, both the parties have filed a joint memo duly signed by

them and their learned advocates.

3. The joint memo is placed on record.

4. The Judgment dated 25.11.2021 in Crl. A.

No.31/2020 passed by the II Addl. District and Sessions Judge,

Shivamogga and the Judgment dated 24.10.2019 passed in C.C.

No.164/2017 by the Senior Civil Judge and JMFC at Shikaripura

stand disposed off, in terms of the joint memo.

5. Petitioner is acquitted of the charges leveled against

him and since the matter is now settled, restrictions imposed if

any in C.C. No.164/2017, automatically stand suspended.

6. This revision petition is accordingly disposed off.

Sd/-

JUDGE

Sd/-

MEMBER

sac*

FILED BEFORE LOK ADALAT HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE HIGH COURT LOK ADALAT CRL RP. NO. 163/2022 (LOK ADALATH NO. 1020 /2022) BETWEEN:

SRI. M.S. RAGHAVENDRA ... Petitioner/s AND:

SRI. SRINIVASA                                                    ... Respondent/s
                                  JOINT MEMO

The above said Crl RP is filed against the Judgment passed by the learned Senior Civil Judge JMFCat Shikaripura in CC No. 164/2017 dated 24/10/2019 on the File of the order passed by the II Addl. Dist. & Session Judge Shivamogga in CRL A. No. 31/2020 dated 25/11/2020, the above case is referred to this Lok Adalat by the Hon'ble High Court U/S.20 of the Legal Services Authorities Act.1987. The parties to the appeal have settled their claim before the Lok Adalat on the following terms:

1. Both the parites have agreed to settle the above case for a sum of Rs.2,75,000/- (Rupees Two Lakhs Seventy Five Thousand Only), as full and final settlement.

2. The petitioner today has paid a sum of Rs.1,30,000/- by way of cash and same is received and acknowledge by the respondent in presence of his counsel.

3. The petitioner has deposited a sum of Rs.84,000/- before learned Senior Civil Judge JMFCat Shikaripura in CC No. 164/2017. The respondent has agreed to withdraw the same.

4. The petitioner hereby undertakes to pay a sum of Rs.61,000/- to respondent within one month. The respondent has agreed for the same.

The parties to this petition have set their hands to this settlement before the Lok Adalat in the presence of Conciliators on this 12/03/2022 Bengaluru Bench.

        Sd/-                                              Sd/-
SIGNATURE OF PETITIONER                           SIGNATURE OF RESPONDENT/S
        Sd/-                                              Sd/-
ADVOCATE FOR PETITIONER                           ADVOCATE FOR RESPONDENT/S